Chapter 29.20 Property Nuisances

(Amended by Ordinance Nos. 176381, 180330, 183534, 184522, 185448, 186053 and 189711, effective September 25, 2019.)  It is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas of the property and adjacent rights of way in a manner that complies with the following requirements:

A.  Holes, tanks, and child traps.  Remove, or fill where filling will abate the nuisance, all holes, cisterns, open cesspools, open or unsanitary septic tanks, excavations, open foundations, refrigerators, freezers, or iceboxes with unlocked attached doors and any other similar substance, material or condition which may endanger neighboring property or the health or safety of the public or the occupants of the property.

B.  Unsecured structures.  Board over or otherwise secure, and keep boarded over or otherwise secured, all open or broken exterior doors, windows, or apertures of any structure so as to prevent access by unauthorized persons through such openings.

C.  Rat harborage.  Remove or repair, and keep removed or repaired, any condition that provides a place where rats gain shelter, feed, or breed.

D.  Emergency access routes.  Remove and keep removed all brush, vines, overgrowth and other vegetation located within 5 feet of a structure or within 5 feet of a property line which is likely to obstruct or impede the necessary passage of fire or other emergency personnel.

E.  Thickets that conceal hazards.  Cut and remove and keep cut and removed all blackberry vines and other thickets when such growth is found to be:

1.  Concealing trash and debris; or

2.  Creating rat harborage; or

3.  Creating harborage for people involved in criminal activity or for products used for criminal activity.

F.  Overgrownlawn areas.  Cut and remove and keep cut and removed all weeds and grass that are located in lawn areas and have a prevailing height of more than 10 inches.

G.  Nuisance Plants.  Eradication, as defined in 29.10.020 V., is required of all plants identified on the Nuisance Plants List.  The Director shall adopt administrative rules detailing implementation and enforcement of this provision. 

H.  Trash and debris.  Remove, and keep removed, unless specifically authorized by ordinance to do otherwise:

1.  All garbage, offal, dead animals, animal and human waste, and waste materials  (All garbage shall be stored as specified in Section 29.30.140);

2.  Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, or trash;

3.  All dead bushes, dead trees, and stumps with the exception of such material which:

a.  Is being maintained as part of a naturescaped property;

b.  Does not result in a nuisance as otherwise defined in this chapter; and

c.  Is located on a property which is otherwise substantially in compliance with this chapter;

4.  All trees which are dead, dying or dangerous and are determined by the City Forester or a private certified arborist to require removal in order to safeguard people or property per the provisions in Title 11;

5.  Accumulations of dead organic matter and yard debris, with the exception of small accumulations of such material in a maintained compost area on the property and only if such material does not result in a nuisance, such as creating rat harborage, as otherwise defined in this chapter; and

6.  Accumulations of clothing and any other items not designed for outdoor storage.

I.  Storage of non-trash items.  Remove, and keep removed, unless specifically authorized by ordinance to do otherwise:

1.  Accumulations of wood pallets.

2.  Any woody debris from Elm trees and all firewood that is not stacked and useable.  “Useable” firewood has more wood than rot and is cut to lengths that will fit an approved fireplace or wood stove on the property.  Elmwood which is infected with Dutch Elm Disease must be properly disposed of at the direction of the City Forester, per the provisions in Title 11, Trees.

3.  Accumulations of vehicle parts or tires.

4.  All construction materials, except those that are stored in a manner to protect their utility and prevent deterioration and are reasonably expected to be used at the site.

5.  All appliances or appliance parts except for storage of appliances that are reasonably expected to be used at the site and are stored in a manner to protect their utility and prevent deterioration.

6.  All indoor furniture except that which is stored in a manner to protect its utility and prevent deterioration and is reasonably expected to be used at the property.

7.  All recycling materials except for reasonable accumulations (amounts consistent with a policy of regular removal) that are stored in a well-maintained manner.

8.  All other non-trash items which:

a.  Are of a type or quantity inconsistent with normal and usual use; or

b.  Are likely to obstruct or impede the necessary passage of fire or other emergency personnel.

J.  Disabled vehicles.  Neither store nor permit the storing of a disabled vehicle for more than 7 days unless the vehicle is enclosed within a legally permitted building or unless it is stored by a licensed business enterprise dealing in junked vehicles lawfully conducted within the City.  Removal and disposition of such disabled vehicles shall be in accordance with the provisions of Section 16.30.320, 16.30.340, 16.30.350 and 16.30.500 of the Code to the extent that such provisions are applicable.

K.  Obstructions to sidewalks, streets, and other rights of way.  Keep the adjacent rights of way free of anything that obstructs or interferes with the normal flow of pedestrian or vehicular traffic, unless specifically authorized by permit or ordinance to do otherwise.  This responsibility includes, but is not limited to, removal of earth, rock, and other debris, as well as projecting or overhanging bushes and limbs that may obstruct or render unsafe the passage of persons or vehicles.  This responsibility also includes, but is not limited to, the obligation to maintain all rights of way referenced in this subsection to meet the following minimum clearances:

1.  Sidewalks.  All sidewalks must be clear of obstructions by earth, rock, or vegetation from edge to edge and to an elevation of 7-1/2 feet above sidewalk level.  For example, bushes that encroach on or over any part of a sidewalk area must be cut back or removed and limbs of trees that project over the sidewalk area at an elevation of less than 7‑1/2 feet above the sidewalk level must be removed.  Pruning Street Trees and tree removal is subject to the requirements of Title 11, Trees.

2.  Improved streets.  On any improved street designated as a Regional Trafficway, Major City Traffic Street, District Collector, or a one-way street where parking has been prohibited, branches must be trimmed to a height of 14 feet above the crown of the street.  Moreover any other improved streets must be clear of obstructions to vehicle movement and parking from edge to edge and to an elevation of 11 feet above street level.  For example, bushes that encroach on or over any part of a street must be cut back or removed; limbs of trees that project over a street at an elevation of less than 11 feet above street level must be removed; and no wires or other things shall be maintained over the street level at any elevation less than 11 feet.  Pruning Street Trees and tree removal is subject to the requirements of Title 11, Trees.

3.  Alleys and unimproved rights of way.  All alleys, unimproved streets, and other public rights of way must be clear of obstructions that may hinder the normal flow of traffic or render the right of way unsafe for its current and necessary use.

(Amended by Ordinance Nos. 176381, 183397 and 189711, effective September 25, 2019.)  It is the responsibility of the owner of any property, improved or unimproved, to remove or repair:

A.  Any damage to or failure of an on-site sewage disposal system, private or common private sewer lines, rain drain system, or non-conforming sewers, and

B.  Any other substance, material or condition that is determined by the Director to endanger neighboring property, the health or safety of the public, or the occupants of the property.

(Amended by Ordinance No. 180330, effective August 18, 2006.)  All conditions in violation of Sections 29.20.010 and 29.20.020 of this Title shall constitute a nuisance.  Any person whose duty it is to correct such conditions and who fails to do so shall be subject to charges according to the Fee Schedule approved by the City Council.  In cases where the Director determines that it is necessary to take immediate action in order to meet the purposes of this Title, summary abatement of such nuisances is authorized.